INDIANAPOLIS – A Barnes & Thornburg team led by partners Andrew Detherage and Charles Edwards represented Simon Property Group, a global leader in retail real estate ownership, management and development, in a recent summary judgment victory totaling $200 million. The judgment was announced March 13, 2015.
Simon sued 16 insurers and AON Risk Services over insurance coverage for a $200 million flood loss that occurred in May 2010 at the Opry Mills mall in Nashville, Tennessee. The insurers claimed that the policy only provided $50 million in coverage.
On March 13, the Chancery Court for the State of Tennessee, 20th Judicial District, granted summary judgment in favor of Simon awarding $200 million in insurance coverage. The court concluded that the insurance policies at issue were delivered to Simon in Indiana and, therefore, Indiana law governed the interpretation of the policies. The court also determined that under the language of the policies, the lower $50 million "high hazard" limit did not apply to the Opry Mills mall.
Detherage and Edwards are co-chairs of the firm’s national Policyholder Insurance Recovery and Counseling Group.
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